Terms of Service

The following describes the terms on which www.myepd.com (referred to herein as My ePD, “My ePD,” “we,” or “us”) offers you access to our services.

1. Description of Service

My ePD is a web-based service available from the domain www.myepd.com. This service provides certified school teachers with online courses to help teachers hone their craft and satisfy professional development and/or certificate renewal requirements. This service also provides teachers and publishers with an online marketplace to buy and sell professional development content from and to one other, which may consist of original digital and physical content created by the Instructor (or Seller).

The content and layout on www.myepd.com is solely owned by the proprietors of this site. Individual courses and/or content are solely owned by the Instructor/Seller who uploads the Content. All materials and courses on this site are protected by applicable copyright and trademark laws. My ePD at no time owns or sells any product for or on behalf of teachers, trainers, instructors, or publishers. Those who sell Content via the Service are referenced herein and in the Service as “Instructors” or “Sellers.” Teachers or buyers who purchase Content via the Service are referenced herein and in the Service as “Users” or “Buyers.”

This Terms of Service/User Agreement (“Agreement”) governs your access to and use of the Service, including using content, buying content, and participating in online forums, feedback, bulletin boards, wikis, and chats, which features and activities shall also be considered part of the “Service.” Portions of the My ePD Service are publicly available to all visitors to the site. Other portions of the Service are available only to registered members who create a username and password. By registering with My ePD and/or by using the Service in any manner – including, but not limited to, visiting the www.myepd.com website – you acknowledge and agree to the terms stated in this Agreement. This Terms of Service applies to both visitors and members.

By accessing this site, you agree to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

2. This Site Is For Adults Only

This Site is not intended for use by minors. This site is intended for use by adults only. You must be 18 years or older to use this Site; users under 18 are not authorized to use the site.

3. Fees, Services, Pricing, and Payments for Users

There is no membership fee associated with My ePD. Those wishing to use the courses found on this site must pay for each course. Payments are accepted through PayPal or Purchase Order. My ePD and individual instructors reserve the right to change, revise, or update prices at will. Once a purchase has been made through My ePD, the User will have access to that item indefinitely, regardless of price changes.

My ePD reserves the right to add, remove, or otherwise alter the payment processors used. We make no representation regarding the services provided by our payment processors, and are not responsible for their actions.

Content and courses purchased on My ePD are created and owned by individual Instructors, who are responsible to ensure that their content does not infringe upon any copyright(s) or trademark(s). My ePD is not responsible for copyright and/or trademark infringements made by individual Instructors and/or Sellers. Content found to be infringing upon copyright and/or trademark will be deactivated and removed from the site.

Instructors agree that the entire course being sold must be contained within the download offered, and that no part of the digital content will be delivered separately or require an additional purchase, for example via a third-party website or other channel.

Unless otherwise authorized, My ePD agrees not to use or disclose to any third party any order information, or other data or information regarding users of this Service, which is obtained through the Service or disclosed to My ePD in connection with a transaction made via the Service, for any purpose except as necessary to complete transactions made through the Service (including, without limitation, for purposes of solicitation, advertising, direct marketing, harassment, invasion of privacy, or any other objectionable conduct).

A. Agreement to Pay for Purchases and Use License(s)

When you (User) purchase original digital content, you will have the ability to download the content from your My Courses page for as long as the content is available through the Service. We may, in our sole discretion, make original digital content you purchase available indefinitely, but your access to such content through your My Courses page may be disabled if the content is removed from the Service by the creator of the content. My ePD cannot restore access to, or provide copies of, purchased content that has been removed from our Service.

You agree to pay in full for all content purchased through the Service, and agree that My ePD may charge your PayPal account, credit card, or purchase order for any content purchased, and for any additional amounts (including any taxes, as applicable) as may be accrued to or in connection with your purchases. You are responsible for the timely payment of all prices and fees, and for providing My ePD with valid PayPal account details for payments of all such prices and charges.

You agree that electronic delivery of content to you does not transfer to you any commercial or promotional use rights. You agree not to share your purchases. You agree not to post your purchases on the Internet. You agree not to copy, paste, or redistribute in any way any part of the content purchased from this site.

Permission is granted to temporarily download one copy of the materials (information or software) on Company's web site for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

You agree that your use of the Service (including your purchase of content) constitutes your acceptance of and agreement to use the Service and content solely in accordance with this Agreement, and that any other use of the Service or Content may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. As a condition of use, you agree not to share your purchases physically, electronically, digitally, or by any other means.

B. Electronic Signatures and Contracts

Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

C. Limitations

Your direct interactions (if any) with other visitors to or Members of the Service, including interactions on a blog, forum, or discussion board are solely between you and that individual. Like with any web-based interaction, we suggest that you use caution and good judgment. You further understand and agree that My ePD is not the agent or representative of any visitor to or member of this site and that it is not responsible for any loss or damage incurred as the result of any interactions between members or visitors of this site. If there is a dispute between you and any third party (including, without limitation, any member or visitor of the service), My ePD is under no obligation to become involved, and you hereby release My ePD from any claims, demands, or damages of any kind and of any nature arising out of or relating to any such dispute.

D. Refund Policy

All sales are final, and no refunds are available.

My ePD may in its sole discretion make certain exceptions to this policy on a case-by-case basis, for example if a digital file is defective. If such an exception is made, My ePD may issue to the User a refund for such purchase in any manner it deems appropriate, including without limitation in the form of store credit.

As a User, it is your responsibility to determine that you have the appropriate hardware/software to make use of digital files and that the file format is appropriate for your needs. No refunds are available in these cases. Products removed from the Service for any reason are not eligible for a refund.

E. Transfer of Title

My ePD does not transfer legal title or ownership of items from this website to Users.

4. Fees, Services, Pricing, and Payments for Sellers

A. Fees.

Membership Fees, Service Fees & Transaction Fees. Instructors who wish to sell their Content through the Service must join My ePD. New Sellers are entitled to a 14-Day Money Back Guarantee which may be exercised by canceling membership through the Contact Us link. Refunds will not be given for courses sold during that 14-Day period.

One type of membership may available for Publishers, who can join and sell professional development resources as Publisher-Sellers for no annual fee. Publisher-Sellers will be charged service fees on sales made through the Service, as set forth in greater detail in Section 4C below.

Shipping, Handling and Processing Charges. Sellers and Publisher-Sellers may charge for shipping, handling, and processing of the physical content that is sold via the Service by including the shipping, handling, and processing method and charges in the sale price of the item.

B. Pricing of Content.

Sellers and Publisher-Sellers are solely responsible for setting the prices for the sale of their Content distributed through the Service, including both electronic and physical content, provided that such pricing is fair and reasonable.

C. Agreement of Seller and Publisher-Seller to Pay Fees and to Upload or Ship Content.

In consideration for the services provided by My ePD, you (Seller) agree to pay My ePD a service fee (“Service Fee”) for all Content you sell to Users through the Service, in accordance with the following: (i) Members will pay a Service Fee equal to 25% of the sale price of each item of digital or physical content sold; (ii) Publisher Members will pay a Service Fee equal to 50% of the sale price of each item of digital Content sold; (iii) Publisher Members will pay a Service Fee equal to 25% of the sale price (excluding shipping) of each item of physical Content sold.

For each transaction, My ePD will automatically deduct the Service Fee from the sale price collected from Users through the Service, and then will distribute the remaining amounts to the Seller and Publisher-Seller on a monthly basis as follows: (a) My ePD will collect payment from Users at the time Content is purchased through the Service, (b) My ePD will notify you (the Seller or Publisher-Seller) by email of the sale once payment has been verified and collected from the User, (c) in the case of physical Content, My ePD will provide the Seller or Publisher-Seller with the User’s shipping address and any other information required for the Seller or Publisher-Seller to fulfill the order, and (d) provided you are in compliance with these Terms, on a monthly basis, My ePD will distribute the monies due to you (as a Seller or Publisher-Seller) for the sale of your Content, in accordance with this Section 4C. If you are in breach of these Terms, for example due to violation of the conduct provisions in Section 6 hereto, My ePD reserves the right, according to its sole discretion, to withhold any funds that would otherwise be due to you under these Terms, and either keep those funds permanently, or refund them to the User(s) who purchased content from you. All monies due to Sellers pursuant to this Section 4C will be paid to such Sellers as close to 21 days following the last day of the month in which an item of your Content is sold (e.g., within 21 days after January 31 for January sales). My ePD reserves the right to delay payment. Monthly payments will be made through PayPal for all Sellers and Publisher-Sellers. My ePD reserves the right to add, remove or otherwise alter the payment processors used by the Service. We make no representation regarding the services provided by our payment processors, and are not responsible for delays in payment caused by them. My ePD will charge a fee for making each Monthly Payout that is equal to but not more than the cost to My ePD from its respective payment processors for making the payout. This fee is subject to change at the discretion of the payment processors, and will be taken directly out of your Monthly Payout. You agree that upon notification of a sale of Content, you will promptly ship the relevant physical Content sold by you through the Service, in accordance with any representations made by you on the Service and/or in connection with such Content, including, for example, with respect to the pricing and shipping of such Content, and in any event in accordance with all applicable state and federal laws, rules, regulations, and/or industry standards. Sellers and Publisher-Sellers are not authorized by the Service to ship to any address other than that which is provided to it by My ePD.

D. Additional Agreements and Obligations of Sellers.

By listing an item for sale, or uploading it to the Service, you (Seller or Publisher-Seller) represent and warrant to prospective Users that you have the right and ability to sell and to ship, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. You further represent and warrant that the Content, and use of the same will not infringe any right – including, but not limited to the copyright or trademark right – of any third party.

If you are a Seller or Publisher-Seller of digital Content, you agree to make at one sample of such digital Content available to Users at no charge at all times when you are offering digital Content for sale via the Service. When selling digital Content, you agree that the entire product being sold must be contained within the download offered, and that no part of such digital Content will be delivered separately or require an additional purchase, for example via a third-party website or other channel.

For any item of Digital Content you upload, you agree to provide your authorization, in the form of the statement below, to Users to print and make copies of purchased classroom resources.

"The holder of this receipt is authorized by the owner or creator of the materials listed below, to print and/or make copies of these materials for personal use and/or classroom instruction."

Additionally, unless otherwise authorized, Sellers agree not to – and agree to cause their affiliates, agents, employees and contractors not to – use or disclose to any third party any order information, or other data or information regarding Users or any other users of the Service, which is obtained through the Service or disclosed to Sellers by My ePD in connection with a transaction made via the Service, for any purpose except as necessary to complete transactions made through the Service and otherwise fulfill their obligations under this Agreement (including, without limitation, for purposes of solicitation, advertising, direct marketing, harassment, invasion of privacy, or any other objectionable conduct).

If you submit paid Content for inclusion in My ePD newsletter, and such Content is selected for inclusion, you agree to pay My ePD $50, which will be deducted from your Monthly Payout. If your Monthly Payout is below $50, you agree that My ePD may charge this fee to your credit card or PayPal account.

5. Specific Obligations of Instructors/Sellers.

If you are instructing Users in connection with a Course you are an "Instructor" and the following additional terms and conditions apply, and you represent, warrant and covenant that:

You are subject to the My ePD's approval, which we may grant or deny in our sole discretion;

You have completed the Instructor enrollment form;

You agree to Instructor Pricing terms;

You are solely responsible for all of your submitted Content;

You own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize My ePD to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use any of your submitted Content;

No submitted Content shall infringe or misappropriate any intellectual property right of a third party;

You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services you offer on and through the Site;

You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, misogynist, defamatory, or libelous content;

You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Content, Products, or to any User;

You will not engage in any activity that will require My ePD to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;

You will not copy, modify or distribute My ePD Content except as permitted in this Instructor Agreement;

You will not interfere with or otherwise prevent other Instructors from providing their services or courses;

You will maintain your enrollment and account information, and all such enrollment and account information shall be accurate;

You shall respond promptly to Users seeking your services and ensure a quality of service commensurate with the standards of your industry and instruction services in general;

You are at least 18 years of age and you assume responsibility and liability for your performance and compliance hereunder.

My ePD is unable to provide you with tax advice. You should consult your own tax advisor.

6. Registration Obligations

In consideration of your use of the Service, you represent that you are at least 18 years of age and are not a person barred from receiving these services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (the “Member Data”) and (b) maintain and promptly update the Member Data to keep it true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if My ePD has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, without limiting any other remedies, My ePD has the right to suspend or terminate your Member Account and refuse any and all current or future use of the Service (or any portion thereof). Please see our Privacy Policy for further information.

7. Member and Visitor Conduct

As a condition of using the Service, Members and visitors agree to all of the following:

You must be a registered Member to buy and/or download Content through the Service.

You are required to select a member identification (“Username”) and password. You are responsible for maintaining the confidentiality of your Username and password. You should not disclose your password to anyone.

You are responsible for all activity that occurs under your Username.

You are solely responsible for your conduct and any information that you submit, post, and display on the Service, or that is submitted, posted, and/or displayed on the Service under your Username.

You agree that you will not attempt to, nor encourage or assist any other person to circumvent or modify any system, security technology, or other software that is part of the Service or used to administer the rules contained in this Agreement.

Further, while using the Service, Members and visitors agree not to:

- upload, post, email, transmit, or otherwise make available any content, material, or information to, on, or through the Service that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, profane, misogynist, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

- upload, post, email, transmit, or otherwise make available to Members or visitors any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation;

- transmit any worms or viruses, spyware, malware, or any other harmful or destructive code;

- violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws);

- use the Service for any illegal or unauthorized purpose;

- impersonate any person or entity, including without limitation, a My ePD employee or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;

- transmit email or any other content that includes personal or identifying information about another person without that person’s explicit consent;

- transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;

- advertise any illegal products or services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;

- provide materials or any other content for download that contain viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

- disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or in any manner that otherwise negatively affects Members’ and visitors’ ability to use the Service;

- employ misleading email or IP addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service;

- attempt to gain unauthorized access to My ePD’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;

- attempt to regain access to My ePD following a ban or account termination, including without limitation by means of opening or attempting to open a new account under the same or different Username;

- “stalk” or otherwise harass anyone on or through the Service;

- collect any personally identifying data about Members or visitors for commercial or unlawful purposes; or

- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service-except for internet search engines (e.g., Google or Yahoo!) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or that are “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved,” and to develop, invoke, or utilize any means to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of any automated means you may use to access the Service.

8. Inappropriate User-Submitted Content

My ePD prohibits certain user conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service. Nevertheless, you acknowledge and agree that (i) My ePD is not and cannot be responsible for any content, information, or content posted by users on the Service, (ii) you may be exposed to any such materials, information, or content, and (iii) you must bear all risks associated with the exposure to and/or use of any such materials, information, or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information, or content. Without limitation of the foregoing, My ePD has the right to, but may or may not, pre-screen and/or monitor content posted on the Service, and without limiting any remedies, may remove, edit, move, or close, in whole or in part, any content, information or materials, or thread or posting in any chat room and/or similar feature on the Service, at any time for any reason, in My ePD’s sole discretion.

9. Links to Other Sites and Resources

The Service contains links to other websites or resources. My ePD has no control over such external sites and resources. You agree that (i) My ePD is not responsible for the content, availability, reliability, or accuracy of such external sites and resources, and (ii) My ePD does not endorse nor is it responsible or liable for any content, advertising, products, services or materials on or available from such external sites and resources. Any use of or reliance on the contents or services of such an external website or resource is done at your own risk and you assume all responsibilities and consequences resulting from such use and/or reliance.

10. Copyright Policy

My ePD respects the intellectual property rights of others, and we expect our Members and users do the same. It is our policy to disable access to or remove content that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works. Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA), and other applicable laws, and is available at www.myepd.com/Copyright-Trademark-Policy. By accepting these Terms of Service, you agree to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Agreement.

The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include My ePD’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of My ePD.

Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of My ePD. You may not use a part of this Website on any other Website, without My ePD’s prior written consent.

If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.

(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Site’s Copyright Agent can be reached at:

My ePD

PO Box 64485

Rochester, NY 14624

[email protected]

11. Privacy Policy

We take the privacy of our users’ and Members’ information very seriously. Our Privacy Policy is available at www.myepd.com/Privacy-Policy. By accepting these Terms of Service, you agree to be bound by our Privacy Policy, which is by this reference expressly incorporated into this Agreement.

12. Indemnity

By accepting this Agreement, you agree to indemnify and hold My ePD and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any and all claims, demands, liabilities, expenses, or tax assessments, including reasonable attorneys’ fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body (including, without limitation, the Federal Trade Commission or any state attorney general), due to, arising out of, or relating to (i) your use of the Service, (ii) your connection to the Service, (iii) your actual or alleged breach of this Agreement, and/or (iv) your actual or alleged violation of any applicable laws, rules, regulations, or rights of another.

13. Warranty Disclaimers

You agree that the site and the service are provided on an “as is” and “as available” basis, and that your use of the service provided by My ePD shall be at your sole risk. To the fullest extent permitted by law, My ePD, its affiliates, and its and their officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website, the service, and your access to and use thereof, including without limitation any implied warranties or conditions of merchantability, title, non-infringement, fitness for a particular purpose, any implied warranty arising from course of dealing or usage of trade, or non-infringement of intellectual property or other violation of rights. My ePD makes no warranties or representations about the credibility, truthfulness, accuracy, completeness, likely results, or reliability of the content of any materials, courses, or sites linked to this service.

My ePD also makes no representations or warranties that the contents of the service or any products listed for sale on the service are fit for any particular purpose or will meet any user’s requirements, and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the service, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the service by any third party, and/or (v) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any product or content posted, emailed, transmitted, sold, or otherwise made available via the service.

My ePD does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website, or featured in any banner or other advertising, and My ePD will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Additionally, My ePD is not responsible for any damages or lost profits resulting from transactions conducted through this service or through any linked service.

14. Limitation of Liability

You agree that My ePD, its affiliates, and its and their officers, directors, employees, and/or agents shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of data or profits, business interruption, goodwill, reputation, use, or data or other intangible losses, resulting from: (i) the access to, use, or the inability to access or use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into, through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) the use or inability to use the Website or internet site; or (vi) any other matter relating to the service. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. My ePD’s liability to you or any third party shall in no event be, in the aggregate, greater than the lesser of (a) the total amounts paid by you to teachers during the twelve (12) months prior to the claim or action allegedly giving rise to such liability, or (b) one hundred dollars ($100.00).

You hereby acknowledge that you understand that by accessing and using the service and agreeing to the terms of this agreement, you may be waiving rights with respect to claims that are at this time unknown or unsuspected. If you are a California resident, you acknowledge that you have read and understood, and hereby expressly waive, the section 1542 of the civil code of California, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Furthermore, if you are a resident of another state or jurisdiction, you agree to waive in advance any similar laws of such other state or jurisdiction.

15. Termination

We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate, or necessary, in our sole discretion, with respect to your Member Account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Member Account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. When these terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to warranty disclaimers, indemnity, and limitations of liability.

16. Revisions and Errata

The materials appearing on My ePD’s web site could include technical, typographical, or photographic errors. My ePD does not warrant that any of the materials on its web site are accurate, complete, or current. My ePD may make changes to the materials contained on its web site at any time without notice. My ePD does not, however, make any commitment to update the materials.

17. Miscellaneous Provisions

- Ownership of Site. This site, the Service, and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code therein (collectively, the “My ePD Content”), including without limitation the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content is owned, controlled, or licensed by or to My ePD, and is protected by trade dress, trade secret, copyright, patent, and trademark laws, and various other intellectual property rights.

Except as expressly provided in this Agreement or otherwise permitted by law, no My ePD Content may be used, copied, reproduced, modified, republished, disassembled, reverse engineered, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other person, computer, server, website, or in any other medium for any purpose, without My ePD’s express prior written consent.

- Entire Agreement. The Terms of Service, including My ePD’s Copyright Policy and Privacy Policy, which are incorporated by reference above, constitute the entire agreement between you and My ePD and governs your use of the Service.

- No Agency. My ePD is not the agent or representative of any site users (including, without limitation, any Sellers, Publisher-Sellers, or Users), nor does it operate under their authority for any purpose. My ePD is simply a service provider that offers users the technological means to communicate with each other, sell goods to each other, and buy goods from each other.

- No Professional Advice. The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. You should evaluate all information, opinions and advice available on this website in consultation with your insurance specialist, or with your legal, tax, financial or other advisor, as appropriate.

- Governing and Applicable Law. The Terms of Service will be governed by and construed in accordance with the laws of the State of New York, in the United States of America, without regard to its conflict of law provisions. My ePD operates from Rochester, New York, United States of America, and makes no representation that materials or content on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from www.myepd.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

- Dispute Resolution: Any dispute arising out of or relating to these terms or the Service shall be submitted exclusively to confidential binding arbitration in New York State, except that to the extent you have in any manner violated or threatened to violate My ePD’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New York. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any dispute or controversy arising out of or related to the subject matter of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to any other available remedy, all reasonable costs, including without limitation court costs, attorneys’ fees, and other expenses incurred in such proceeding.

- Waiver and Severability. The failure of My ePD to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be held unlawful, void, or unenforceable for any reason, then that provision shall be deemed severed from this Terms of Service and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced.

- Notices. My ePD may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Service.

- Change to Terms. My ePD may, at any time, for any reason and without notice, make changes to (i) this website, including its look, feel, format, and content, as well as (ii) the products, services, and/or content as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you should review the Terms of Service upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

My ePD may change or amend these Terms at any time without notice. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise all new and then-current terms will apply to you.

- Jurisdiction. The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. [Act 48 Academy] makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

- Future Changes in the Service. My ePD reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. My ePD will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

- Spamming. Gathering email addresses from My ePD through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with My ePD should be directed to [email protected].

- Taxes: European Union. In the event that the sale or delivery of a Course or any Submitted Content to any User in the European Union is subject to any value added tax ("VAT"), under applicable law, My ePD will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to Users in the European Union. My ePD may at its own discretion increase the Sale Price where My ePD is of the view that VAT may be due and My ePD will have a liability to account for such. You will indemnify and hold My ePD harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon.

- Taxes: All other countries. For sales of any of Courses or Submitted Content in countries other than the European Union, you are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in your own location). My ePD is unable to provide you with tax advice. You should consult your own tax advisor.

- Assignment. My ePD may assign this agreement to any successor or purchaser of My ePD or all or substantially all of its assets.

- Headings. Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.

- Trademarks. My ePD, the My ePD logo, and other My ePD logos and names may not be displayed or used in any manner or in any url without prior, written consent of My ePD.

- Contact Information. Please send any questions or comments, for Customer Service, or to report any violations of this Agreement, to [email protected].

By accessing this site, you agree to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

Last Updated: November 1, 2016